Georgia Employment Attorney – Helping Employers and Individuals
Georgia Employment Attorney – Helping Employers and Individuals
Since COVID-19, remote work is the “new normal.” People who previously could not imagine functioning outside of an office setting now embrace the benefits of working from home. They also fear losing their “work-life balance” that includes more sleep, no commute, and saving money on fuel and meals.
But recently many employers are requiring employees to return to the office. In fact, our newly inaugurated President of the United States is mandating that all federal employees go back to their physical government buildings.
So, the question becomes – can employers (private sector or government) revoke employees’ ability to work remotely? In most cases, the answer is yes. As a result, an employee’s refusal to return to the office could likely result in termination. Of course, there can be exceptions.
If an employee has a contract that specifies remote work, it will be unlikely that an employer can force that person to work from a company’s office. Likewise, in a union environment an employer cannot unilaterally revoke any remote work provisions contained in a collective bargaining agreement.
BEWARE – contracts can have language permitting employers to unilaterally change certain terms and conditions. In addition, if an employment contract has a limited duration, an employer could condition contract renewal on mandatory work at the office.
Another exception may be when an employee is working remotely as a protected accommodation. For example, an employee may require remote work due to a disability, which an employer must provide under the Americans with Disabilities Act or Rehabilitation Act. Likewise, the Pregnant Workers Fairness Act mandates reasonable accommodations for pregnancy, which could include remote work.
BEWARE – Some courts will scrutinize the circumstances to determine if remote work is actually necessary (as opposed to being an employee’s preferred accommodation). In other words, if other accommodations will enable an employee to perform their essential job duties in the office, the law may not obligate an employer to offer remote work.
If you need legal advice about a possibly unlawful return to the office mandate
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